Hedley Independent School District v. Doneghy

Appellee has filed a motion to dismiss this appeal for want of jurisdiction on the ground the transcript was not filed with the clerk of this court within 60 days from the rendition of the final judgment as required by Rule 386, Texas Rules of Civil Procedure. The record discloses the transcript was filed in this court on March 30, 1962.

The case was tried before the court without a jury and after a hearing a summary judgment was granted for the defendant below, appellee herein. A motion for new trial was not required and none was filed. We are therefore to look to the judgment itself to…